The Town Board of the Town of Haverstraw finds that the potential
and/or actual damages from flooding and erosion may be a problem to
the residents of the Town of Haverstraw and that such damages may
include destruction or loss of private and public housing, damage
to public facilities, both publicly and privately owned, and injury
to and loss of human life. In order to minimize the threat of such
damages and to achieve the purposes and objectives hereinafter set
forth, this chapter is adopted.

It is the purpose of this chapter to promote the public health,
safety, and general welfare, and to minimize public and private losses
due to flood conditions in specific areas by provisions designed to:

Unless specifically defined below, words or phrases used in this
chapter shall be interpreted so as to give them the meaning they have
in common usage and to give this chapter its most reasonable application.

A designated AO, AH or VO Zone on a community's Flood
Insurance Rate Map (FIRM) with a one-percent-or-greater annual chance
of flooding to an average annual depth of one to three feet where
a clearly defined channel does not exist, where the path of flooding
is unpredictable and where velocity flow may be evident. Such flooding
is characterized by ponding or sheet flow.

The land in the floodplain within a community subject to
a one-percent-or-greater chance of flooding in any given year. This
area may be designated as Zone A, AE, AH, AO, A1-A30, A99, V, VO,
VE, or V1-V30. It is also commonly referred to as the base floodplain
or one-hundred-year floodplain. For purposes of this chapter, the
term "special flood hazard area (SFHA)" is synonymous in meaning with
the phrase "area of special flood hazard."

An enclosed area beneath the lowest elevated floor, 18 inches
or more in height, which is used to service the underside of the lowest
elevated floor. The elevation of the floor of this enclosed area,
which may be of soil, gravel, concrete or other material, must be
equal to or above the lowest adjacent exterior grade. The enclosed
crawl space area shall be properly vented to allow for the equalization
of hydrostatic forces which would be experienced during periods of
flooding.

Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, paving, excavation or drilling operations or storage
of equipment or materials.

Built, in the case of a building in Zones A1-A30, AE, A, A99,
AO, AH, B, C, X, or D, to have the top of the elevated floor, or in
the case of a building in Zones V1-30, VE, or V, to have the bottom
of the lowest horizontal structure member of the elevated floor, elevated
above the ground level by means of pilings, columns (posts and piers),
or shear walls parallel to the flow of the water; and

In the case of Zones A1-A30, AE, A, A99, AO, AH, B, C, X, or
D, "elevated building" also includes a building elevated by means
of fill or solid foundation perimeter walls with openings sufficient
to facilitate the unimpeded movement of floodwaters.

In the case of Zones V1-V30, VE, or V, "elevated building" also
includes a building otherwise meeting the definition of "elevated
building," even though the lower area is enclosed by means of breakaway
walls that meet the federal standards.

An official map of the community published by the Federal
Emergency Management Agency as part of a riverine community's
Flood Insurance Study. The FBFM delineates a regulatory floodway along
watercourses studied in detail in the Flood Insurance Study.

An examination, evaluation and determination of the flood
hazards and, if appropriate, corresponding water surface elevations,
or an examination, evaluation and determination of flood-related erosion
hazards.

An official map of a community, issued by the Federal Emergency
Management Agency, where the boundaries of the areas of special flood
hazard have been designated as Zone A but no flood elevations are
provided.

The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection (1)(a) above.

Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.

A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water, such as a docking
or port facility necessary for the loading and unloading of cargo
or passengers, shipbuilding, and ship repair facilities. The term
does not include long-term storage, manufacturing, sales, or service
facilities.

Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;

Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;

The person appointed by the community to administer and implement
this chapter by granting or denying development permits in accordance
with its provisions. This person is often the Building Inspector,
Code Enforcement Officer, or employee of an engineering department.

Lowest floor of the lowest enclosed area (including basement
or cellar). An unfinished or flood-resistant enclosure, usable solely
for parking of vehicles, building access, or storage in an area other
than a basement area is not considered a building's lowest floor,
provided, that such enclosure is not built so as to render the structure
in violation of the applicable non-elevation design requirements of
this chapter.

A structure, transportable in one or more sections, which
is built on a permanent chassis and designed to be used with or without
a permanent foundation when connected to the required utilities. The
term does not include a recreational vehicle.

For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929, the North American
Vertical Datum of 1988 (NAVD 88), or other datum, to which base flood
elevations shown on a community's Flood Insurance Rate Map are
referenced.

Structures for which the "start of construction" commenced
on or after the effective date of a floodplain management regulation
adopted by the community and includes any subsequent improvements
to such structure.

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in § 87-14B of this chapter.

The date of permit issuance for new construction and substantial
improvements to existing structures, provided that actual start of
construction, repair, reconstruction, rehabilitation, addition placement,
or other improvement is within 180 days after the date of issuance.
The actual start of construction means the first placement of permanent
construction of a building (including a manufactured home) on a site,
such as the pouring of a slab or footings, installation of pilings
or construction of columns. Permanent construction does not include
land preparation (such as clearing, excavation, grading, or filling),
or the installation of streets or walkways, or excavation for a basement,
footings, piers or foundations, or the erection of temporary forms,
or the installation of accessory buildings such as garages or sheds
not occupied as dwelling units or not part of the main building. For
a substantial improvement, the actual "start of construction" means
the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.

Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.

Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
The term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include either:

Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions;
or

The above documents are hereby adopted and declared to be a part
of this chapter. The Flood Insurance Study and/or maps are on file
at: Town Hall, Town Clerk, One Rosman Road, Garnerville, New York
10923.

In their interpretation and application, the provisions of this chapter
shall be held to be minimum requirements, adopted for the promotion
of the public health, safety, and welfare. Whenever the requirements
of this chapter are at variance with the requirements of any other
lawfully adopted rules, regulations, or ordinances, the most restrictive,
or that imposing the higher standards, shall govern.

No structure in an area of special flood hazard shall hereafter be constructed, located, extended, converted, or altered and no land shall be excavated or filled without full compliance with the terms of this chapter and any other applicable regulations. Any infraction of the provisions of this chapter by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $500 or imprisoned for not more than 15 days or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Town of Haverstraw from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this chapter for which the developer and/or owner has not applied for and received an approved variance under §§ 87-20 and 87-21 will be declared noncompliant and notification sent to the Federal Emergency Management Agency.

The degree of flood protection required by this chapter is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by man-made or natural causes.
This chapter does not imply that land outside the area of special
flood hazards or uses permitted within such areas will be free from
flooding or flood damages. This chapter shall not create liability
on the part of the Town of Haverstraw, any officer or employee thereof,
or the Federal Emergency Management Agency, for any flood damages
that result from reliance on this chapter or any administrative decision
lawfully made thereunder.

The Town of Haverstraw Building Inspector is hereby appointed
local administrator to administer and implement this chapter by granting
or denying floodplain development permits in accordance with its provisions.

Purpose. A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in this community for the purpose of protecting its citizens from increased flood hazards and insuring that new development is constructed in a manner that minimizes its exposure to flooding. It shall be unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance Rate Map enumerated in § 87-6, without a valid floodplain development permit. Application for a permit shall be made on forms furnished by the local administrator and may include, but not be limited to, plans, in duplicate, drawn to scale and showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.

Fees. All applications for a floodplain development permit shall
be accompanied by an application fee of $100. In addition, the applicant
shall be responsible for reimbursing the Town of Haverstraw for any
additional costs necessary for review, inspection and approval of
this project. The local administrator may require a deposit of no
more than $500 to cover these additional costs.

The proposed elevation, in relation to mean sea level, of the lowest
floor (including basement or cellar) of any new or substantially improved
structure to be located in Zones A1-A30, AE or AH, or Zone A if base
flood elevation data are available. Upon completion of the lowest
floor, the permittee shall submit to the local administrator the as-built
elevation, certified by a licensed professional engineer or surveyor.

The proposed elevation, in relation to mean sea level, to which any
new or substantially improved nonresidential structure will be floodproofed.
Upon completion of the floodproofed portion of the structure, the
permittee shall submit to the local administrator the as-built floodproofed
elevation, certified by a professional engineer or surveyor.

A description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Computations by a licensed professional engineer must be submitted that demonstrate that the altered or relocated segment will provide equal or greater conveyance than the original stream segment. The applicant must submit any maps, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in § 87-6, when notified by the local administrator, and must pay any fees or other costs assessed by FEMA for this purpose. The applicant must also provide assurances that the conveyance capacity of the altered or relocated stream segment will be maintained.

A technical analysis, by a licensed professional engineer, if required
by the local administrator, which shows whether proposed development
to be located in an area of special flood hazard may result in physical
damage to any other property.

In Zone A, when no base flood elevation data are available from other
sources, base flood elevation data shall be provided by the permit
applicant for subdivision proposals and other proposed developments
(including proposals for manufactured home and recreational vehicle
parks and subdivisions) that are greater than either five lots or
two acres.

Review subdivision and other proposed new development, including manufactured home parks to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in an area of special flood hazard, all new construction and substantial improvements shall meet the applicable standards of § 87-15, General standards, and § 87-15A, Subdivision proposals.

Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property (e.g., stream bank erosion and increased flood velocities). The local administrator may require the applicant to submit additional technical analyses and data necessary to complete the determination. If the proposed development may result in physical damage to any other property or fails to meet the requirements of § 87-15, General standards, no permit shall be issued. The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and resubmit the application.

When the Federal Emergency Management Agency has designated areas of special flood hazard on the community's Flood Insurance Rate Map (FIRM) but has neither produced water surface elevation data (These areas are designated Zone A or V on the FIRM.) nor identified a floodway, the local administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, including data developed pursuant to § 87-13G, as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this chapter.

When base flood elevation data are not available, the local administrator
may use flood information from any other authoritative source, such
as historical data, to establish flood elevation within the areas
of special flood hazard, for the purposes of this chapter.

Notification to adjacent communities and the New York State Department
of Environmental Conservation prior to permitting any alteration or
relocation of a watercourse, and submittal of evidence of such notification
to the Regional Administrator, Region II, Federal Emergency Management
Agency.

In Zones A1-A30, AE and AH, and also Zone A if base flood elevation
data are available, upon placement of the lowest floor or completion
of floodproofing of a new or substantially improved structure, obtain
from the permit holder a certification of the as-built elevation of
the lowest floor or floodproofed elevation, in relation to mean sea
level. The certificate shall be prepared by or under the direct supervision
of a licensed land surveyor or professional engineer and certified
by same. For manufactured homes, the permit holder shall submit the
certificate of elevation upon placement of the structure on the site.
A certificate of elevation must also be submitted for a recreational
vehicle if it remains on a site for 180 consecutive days or longer
(unless it is fully licensed and ready for highway use).

Any further work undertaken prior to submission and approval of the
certification shall be at the permit holder's risk. The local
administrator shall review all data submitted. Deficiencies detected
shall be cause to issue a stop-work order for the project unless immediately
corrected.

Inspections. The local administrator and/or the developer's
engineer or architect shall make periodic inspections at appropriate
times throughout the period of construction in order to monitor compliance
with permit conditions and enable said inspector to certify, if requested,
that the development is in compliance with the requirements of the
floodplain development permit and/or any variance provisions.

The local administrator shall issue, or cause to be issued, a stop-work order for any floodplain development found ongoing without a development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 87-9 of this chapter.

The local administrator shall issue, or cause to be issued, a stop-work order for any floodplain development found noncompliant with the provisions of this chapter and/or the conditions of the development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 87-9 of this chapter.

In areas of special flood hazard, as determined by documents enumerated in § 87-6, it shall be unlawful to occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the local administrator stating that the building or land conforms to the requirements of this chapter.

Issuance of the certificate shall be based upon the inspections conducted as prescribed in § 87-14E, Inspections, and/or any certified elevations, hydraulic data, floodproofing, anchoring requirements or encroachment analyses which may have been required as a condition of the approved permit.

Subdivision proposals. The following standards apply to all new subdivision
proposals and other proposed development in areas of special flood
hazard (including proposals for manufactured home and recreational
vehicle parks and subdivisions):

The applicant demonstrates that the cumulative effect of the
proposed development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the
base flood more than one foot at any location; and

The applicant demonstrates that the cumulative effect of the
proposed development, when combined with all other existing and anticipated
development, shall not cause any existing structures to be inundated
to a greater extent than already existing, and that no new structures
will be subject to flooding by the base flood.

The Town of Haverstraw agrees to apply to the Federal Emergency
Management Agency (FEMA) for a conditional FIRM revision, FEMA approval
is received and the applicant provides all necessary data, analyses
and mapping and reimburses the Town of Haverstraw for all fees and
other costs in relation to the application. The applicant must also
provide all data, analyses and mapping and reimburse the Town of Haverstraw
for all costs related to the final map revision.

On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in § 87-6, no new construction, substantial improvements or other development in the floodway (including fill) shall be permitted unless:

The applicant demonstrates that the cumulative effect of the
proposed development, when combined with all other existing and anticipated
development, shall not cause any existing structures to be inundated
to a greater extent than already existing, and that no new structures
will be subject to flooding by the base flood.

The Town of Haverstraw agrees to apply to the Federal Emergency
Management Agency (FEMA) for a conditional FIRM and floodway revision,
FEMA approval is received and the applicant provides all necessary
data, analyses and mapping and reimburses the Town of Haverstraw for
all fees and other costs in relation to the application. The applicant
must also provide all data, analyses and mapping and reimburse the
Town of Haverstraw for all costs related to the final map revisions.

Anchoring. New structures and substantial improvement to structures
in areas of special flood hazard shall be anchored to prevent flotation,
collapse, or lateral movement during the base flood. This requirement
is in addition to applicable state and local anchoring requirements
for resisting wind forces.

For enclosed areas below the lowest floor of a structure within
Zones A1-A30, AE or AH, and also Zone A if base flood elevation data
are available, new and substantially improved structures shall have
fully enclosed areas below the lowest floor that are usable solely
for parking of vehicles, building access or storage in an area other
than a basement and which are subject to flooding, designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for
the entry and exit of floodwaters. Designs for meeting this requirement
must either be certified by a licensed professional engineer or architect
or meet or exceed the following minimum criteria:

Openings may be equipped with louvers, valves, screens or other
coverings or devices, provided they permit the automatic entry and
exit of floodwaters. Enclosed areas subgrade on all sides are considered
basements and are not permitted.

New and replacement electrical equipment, heating, ventilating, air
conditioning, plumbing connections, and other service equipment shall
be located at least two feet above the base flood elevation or be
designed to prevent water from entering and accumulating within the
components during a flood and to resist hydrostatic and hydrodynamic
loads and stresses. Electrical wiring and outlets, switches, junction
boxes and panels shall be elevated or designed to prevent water from
entering and accumulating within the components unless they conform
to the appropriate provisions of the electrical part of the Building
Code of New York State or the Residential Code of New York State for
location of such items in wet locations;

New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of floodwaters. Sanitary sewer
and storm drainage systems for buildings that have openings below
the base flood elevation shall be provided with automatic backflow
valves or other automatic backflow devices that are installed in each
discharge line passing through a building's exterior wall; and

Elevation. The following standards apply to new and substantially improved residential structures located in areas of special flood hazard, in addition to the requirements in § 87-15A Subdivision proposals, and § 87-15B, Encroachments, and § 87-16, Standards for all structures.

Within Zones A1-A30, AE and AH and also Zone A if base flood elevation
data are available, new construction and substantial improvements
shall have the lowest floor (including basement) elevated to or above
two feet above the base flood elevation.

Within Zone A, when no base flood elevation data are available, new
construction and substantial improvements shall have the lowest floor
(including basement) elevated at least three feet above the highest
adjacent grade.

Within Zone AO, new construction and substantial improvements shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in § 87-6 (at least two feet if no depth number is specified).

The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures located in areas of special flood hazard, in addition to the requirements in § 87-15A, Subdivision proposals, and § 87-15B, Encroachments, and § 87-16, Standards for all structures.

Be floodproofed so that the structure is watertight below two feet
above the base flood elevation, including attendant utility and sanitary
facilities, with walls substantially impermeable to the passage of
water. All structural components located below the base flood level
must be capable of resisting hydrostatic and hydrodynamic loads and
the effects of buoyancy.

Have the lowest floor (including basement) elevated above the highest
adjacent grade at least as high as two feet above the depth number
specified in feet on the community's FIRM (at least two feet
if no depth number is specified); or

If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications, and plans for construction. A floodproofing certificate or other certification shall be provided to the local administrator that certifies the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of § 87-18A(2), including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed.

The following standards in addition to the standards in § 87-15, General standards, and § 87-16, Standards for all structures, apply, as indicated, in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard.

A recreational vehicle is ready for highway use if it is on its wheels
or jacking system, is attached to the site only by quick-disconnect-type
utilities and security devices and has no permanently attached additions.

A manufactured home that is placed or substantially improved in Zones
A1-A30, AE and AH shall be elevated on a permanent foundation such
that the lowest floor is elevated to or above two feet above the base
flood elevation and is securely anchored to an adequately anchored
foundation system to resist flotation, collapse and lateral movement.
Elevation on piers consisting of dry stacked blocks is prohibited.
Methods of anchoring may include, but are not limited to, use of over-the-top
or frame ties to ground anchors.

Within Zone A, when no base flood elevation data are available, new
and substantially improved manufactured homes shall be elevated such
that the manufactured home chassis is supported by reinforced piers
or other foundation elements of at least equivalent strength that
are no less than 36 inches in height above grade and are securely
anchored to an adequately anchored foundation system to resist flotation,
collapse or lateral movement. Elevation on piers consisting of dry
stacked blocks prohibited.

Within Zone AO, the floor shall be elevated above the highest adjacent grade at least as high as two feet above the depth number specified on the Flood Insurance Rate Map enumerated in § 87-6 (at least two feet if no depth number is specified). Elevation on piers consisting of dry stacked blocks is prohibited.

The Zoning Board of Appeals shall hear and decide appeals when it
is alleged there is an error in any requirement, decision, or determination
made by the local administrator in the enforcement or administration
of this chapter.

The costs of providing governmental services during and after
flood conditions, including search and rescue operations, maintenance
and repair of public utilities and facilities such as sewer, gas,
electrical, and water systems and streets and bridges.

Upon consideration of the factors of § 87-20D, and the purposes of this chapter, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in Subsection D(1) through (12) of § 87-20 have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.

A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on or victimization
of the public or conflict with existing local laws or ordinances.

The issuance of a variance to construct a structure below the
base flood level will result in increased premium rates for flood
insurance up to amounts as high as $25 for $100 of insurance coverage;
and